[2023] KEHC 24630 (KLR)
The court found that the prosecution, through the evidence of seven witnesses, had established a prima facie case against the accused, Matano Musa Jira, for the offence of murder as charged under section 203 as read with section 204 of the Penal Code. The evidence was deemed sufficient to require the accused to be...
Source-derived case information.
- Citation
- [2023] KEHC 24630 (KLR)
- Parties
- Applicant: Republic; Defendant: Matano Musa Jira
- Court
- High Court
- Court Station
- High Court at Mombasa
- Jurisdiction
- Kenya
- Case Number
- Criminal Case 41 of 2016
- Procedural Posture
- Criminal Case / Ruling on Case to Answer
- Outcome
- accused found to have a case to answer and placed on defence
- Judges
- A. Ong’injo
- Legal Topics
- Murder, Prima Facie Case, Criminal Procedure, Burden of Proof
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Republic
Applicant
Matano Musa Jira
Defendant
Procedural Posture
Criminal Case / Ruling on Case to Answer
Legal Issues
- 1 Whether the prosecution has established a prima facie case against the accused to warrant his being placed on his defence.
Ratio Decidendi
The court found that the prosecution, through the evidence of seven witnesses, had established a prima facie case against the accused, Matano Musa Jira, for the offence of murder as charged under section 203 as read with section 204 of the Penal Code. The evidence was deemed sufficient to require the accused to be placed on his defence. The court did not make any findings on the merits of the case but determined that the threshold for a case to answer had been met, and the accused was accordingly called upon to present his defence.
Court Disposition
accused found to have a case to answer and placed on defence
Orders
- The accused is found to have a case to answer and is placed on his defence.
Full Case Text
Judgment text and source record
19 paragraphs
Republic v Jira (Criminal Case 41 of 2016) [2023] KEHC 24630 (KLR) (19 October 2023) (Ruling)
Neutral citation: [2023] KEHC 24630 (KLR)
Republic of Kenya
In the High Court at Mombasa
Criminal Case 41 of 2016
A. Ong’injo, J
October 19, 2023
Between
Republic
Prosecutor
and
Matano Musa Jira
Accused
Ruling
1. The accused Matano Musa Jira was charged with the offence of murder contrary to section 203 as read with section 204 of thePenal Code.
2. Particulars of the offence are that Matano Musa Jira on the 6th day of July 2016 at Matope Area in Samburu Location within Kwale County jointly with others not before court murdered Seif Baya.
3. The prosecution adduced evidence of 7 witnesses to support the charge against the accused person.
4. This court has considered the said evidence of the prosecution and finds that it has sufficiently raised a prima facie case and the accused has a case to answer and is placed on defence.
DATED, SIGNED AND DELIVERED IN OPEN COURT/ONLINE THROUGH MS TEAMS, THIS 19TH DAY OF OCTOBER 2023HON. LADY JUSTICE A. ONG’INJOJUDGE